PGA TOUR, Inc. v. Martin, 532 U.S. 661, 23 (2001)

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Cite as: 532 U. S. 661 (2001)

Opinion of the Court

impact on the game itself might nevertheless give a disabled player, in addition to access to the competition as required by Title III, an advantage over others and, for that reason, fundamentally alter the character of the competition.37 We

are not persuaded that a waiver of the walking rule for Martin would work a fundamental alteration in either sense.38

As an initial matter, we observe that the use of carts is not itself inconsistent with the fundamental character of the game of golf. From early on, the essence of the game has been shotmaking—using clubs to cause a ball to progress from the teeing ground to a hole some distance away with as few strokes as possible.39 That essential aspect of the game

37 Accord, post, at 703 (Scalia, J., dissenting) ("The statute seeks to assure that a disabled person's disability will not deny him equal access to (among other things) competitive sporting events—not that his disability will not deny him an equal chance to win competitive sporting events").

38 As we have noted, the statute contemplates three inquiries: whether the requested modification is "reasonable," whether it is "necessary" for the disabled individual, and whether it would "fundamentally alter the nature of" the competition. 42 U. S. C. § 12182(b)(2)(A)(ii). Whether one question should be decided before the others likely will vary from case to case, for in logic there seems to be no necessary priority among the three. In routine cases, the fundamental alteration inquiry may end with the question whether a rule is essential. Alternatively, the specifics of the claimed disability might be examined within the context of what is a reasonable or necessary modification. Given the concession by petitioner that the modification sought is reasonable and necessary, and given petitioner's reliance on the fundamental alteration provision, we have no occasion to consider the alternatives in this case.

39 Golf is an ancient game, tracing its ancestry to Scotland, and played by such notables as Mary Queen of Scots and her son James. That shot-making has been the essence of golf since early in its history is reflected in the first recorded rules of golf, published in 1744 for a tournament on the Leith Links in Edinburgh:

"Articles & Laws in Playing at Golf "1. You must Tee your Ball, within a Club's length of the [previous] Hole. "2. Your Tee must be upon the Ground.

"3. You are not to change the Ball which you Strike off the Tee.

[Footnote 39 is continued on p. 684]

683

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